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1988 Supreme(SC) 534

E.S.VENKATARAMIAH, M.M.DUTT
Y. K. Mehta: A. Kamal Batcha: Devendra Sharma – Appellant
Versus
Union Of India – Respondent


Advocates:
A.K.GANGULY, A.Subhashini, B.PARTHASARTHY, G.RAMASVAMY, J.RAMAMURTHY, K.SWAMY, M.K.RAMAMURTHY, P.RAM REDDY, R.K.JAIN, R.P.GUPTA

Judgment

DUTT, J.:- In these writ petitions, three categories of Staff Artistes of Doordarshan under the Ministry of Information & Broadcasting, namely, Cameraman Grade-II, Sound Recordist and Lighting Assistant / Lightman, have claimed that they should be declared as Government servants and should be given the same pay-scales as given to their respective counterparts in the Film Division under the same Ministry.

2. The Staff Artistes were originally appointed on renewable contracts for 3-4 years duration, but that practice has since undergone a change and they are now appointed up to the age of 55-60 years on a time-scale. They are, however, employed on contract basis till the age of 55-60 years, that is, the contract runs till the age of retirement as in regular Government service.

3. In 1973, the Third Central Pay Commission considered the pay-scales of the employees in the Film Division including those of the Staff Artistes. The Commission, however, excluded the cases of Staff Artistes from its consideration on the ground that they were not Government servants but contract employees. It may be stated at this stage that the emoluments that are paid to the Staff Artistes are termed















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